Aboriginal Resource and Subsistence Rights after Delgamuukw and Marshall
Bibliographic record
Abstract
This paper reviews the 1997 and 1999 decisions of the Supreme Court of Canada (SCC) regarding Aboriginal peoples’ access to resources: Delgamuukw v. British Columbia, which set out basic principles surrounding Aboriginal title, and R. v. and Marshall, which dealt with access to resources in relation to a treaty right to trade. It then explores these decisions, examining the consequences of their pronouncements for the abilities of Aboriginal peoples to further their varied interests in resources. It starts with the law set out in seminal cases (Sparrow; Van der Peet, and Gladstone) from 1990 to 1996 and explores the impact of Delgamuukw and Marshall on this jurisprudence. Analysis begins with the establishment of a conceptual framework constructed around the various sorts of interests an Aboriginal community might have in gaining greater access to resources. The discussion concludes with an analysis of the implications of the SCC for satisfying these compartmentalized interests, and a consideration of possible strategies that have potential to move Aboriginal communities toward their greater satisfaction.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.001 | 0.002 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.001 | 0.001 |
| Science and technology studies | 0.007 | 0.009 |
| Scholarly communication | 0.004 | 0.002 |
| Open science | 0.001 | 0.001 |
| Research integrity | 0.002 | 0.004 |
| Insufficient payload (model declined to judge) | 0.004 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".